Vice Chairman Kolbeck announced that Dockets TC07-112, TC07-113, TC07-114, TC07-115 and TC07-116 will be taken up at the end of the agenda, but before leadership.

Administration

Approval of the Minutes of the Ad Hoc Commission Meeting Held on October 30, 2008 (Staff: Demaris Axthelm)

Commissioner Johnson moved to approve the Commission Minutes of October 30, 2008. Motion passed 3-0.

Consumer Reports

Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)

Ms. Deb Gregg reported that the Commission had received a total of 72 contacts since the last report was prepared for the November 25, 2008 Commission meeting. 8 contacts involved telecommunications services; 19 contacts involved electrical services; 10 contacts involved natural gas services; 5 contacts involved cell phone services, 14 contacts involved the Do Not Call Registry; 5 contacts involved the grain warehouse; and 11 contacts involved issues not regulated by the Public Utilities Commission. In 2008, 2,323 of the 2,393 complaints registered have been resolved informally. In 2007, 2,328 of the 2,337 complaints registered have been resolved informally.

Mr. Thomas Forte, Consultant on the behalf of Access Point, Inc, stated that he has enjoyed working with staff and would be available for questions. Mr. Bob Knadle, Staff Analyst, stated that Access Point, Inc., filed its application in accordance with the administrative rules. The applicant has a COA for interexchange service issued from the Commission in 1997. The Commission has not received complaints regarding Access Point. Staff recommended the Commission grant the Certificate of Authority to Access Point, Inc., subject to rural safe guards and subject to the restrictions that it not offer any prepaid services (including prepaid calling cards) and not accept or require any deposits or advance payments without prior approval of the Commission. Staff further recommended a waiver of ARSD 20:10:32:03(12).

Commissioner Johnson moved to grant a Certificate of Authority to Access Point, Inc., subject to rural safeguards to the condition that Access Point not offer any prepaid services, including prepaid calling cards, and not accept or require customer deposits or advanced payments without prior approval of the Commissionandtogrant the waiver of ARSD 20:10:32:03(12). Motion passed 3-0.

Mr. Dave Gerdes, representing Midcontinent, stated that Midcontinent seeks either a determination that Alliance has waived the rural exemption contained in 47 U.S.C. § 251(f)(1)(A) or that the rural exemption was terminated pursuant to 47 U.S.C. § 251(f)(1)(B). Either form of relief results in a termination of the rural exemption as it applies to Alliance. Mr. Gerdes further stated that Midcontinent renews its request for a hearing to determine whether Alliance is in fact engaging in the provision of video programming in the Crooks and Baltic exchange areas and that the facts presented at such a hearing will establish that Alliance is currently offering cable in the relevant exchanges. Ms. Meredith Moore, representing Alliance Communications Cooperative, stated that Alliance is requesting a formal opportunity to respond to the Motion to Compel Discovery filed by Midcontinent. Alliance requested that the Commission deny Midcontinent's Motion to Deem Rural Exemption Waived, deny Midcontinent's request for an evidentiary hearing, and instead initiate a proceeding pursuant to ARSD 20:10:32:38 to determine whether Alliance must comply with Midcontinent's request for interconnection. Ms. Karen Cremer, Staff Attorney, recommended Alliance be given time to respond to Midcontinent's Motion to Compel. Ms. Rolayne Wiest, Commission Attorney, recommended that the Commission allow time for Alliance to respond to Midcontinent's Motion to Compel.

Ms. Karen Cremer, Staff Attorney, stated that the filing fee is an administrative matter not to exceed $75,000. The parties will be invoiced, with the first invoice being $500 each. Ms. Darla Rogers, representing Cheyenne River Sioux Tribe Telephone Authority (CRST), stated that CRST does not oppose the filing fee that is being proposed. Mr. Talbot Wieczorek, representing Alltel, stated that Alltel had no objection.

Vice Chairman Kolbeck moved that the Commission assess a filing fee not to exceed $75,000 on the parties to the docket pursuant to SDCL 49-31-44. Motion passed 3-0.

Ms. Kara Semmler stated the agreement was properly filed, properly executed and does not appear to contain discriminatory provisions. No comments were filed and Ms. Semmler recommended approval of the interconnection agreement.

1. In the Matter of the Petition for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement in Dockets TC07-112, TC07-113, TC07-114, TC07-115, and TC07-116